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PA Bulletin, Doc. No. 05-480

NOTICES

Service of Notice of Motor Carrier Applications

[35 Pa.B. 1739]

   The following temporary authority and/or permanent authority applications for the right to render service as a common carrier or contract carrier in this Commonwealth have been filed with the Pennsylvania Public Utility Commission. Formal protests and petitions to intervene must be filed in accordance with 52 Pa. Code (relating to public utilities). A protest shall indicate whether it applies to the temporary authority application, the permanent authority application, or both. Filings must be made with the Secretary, Pennsylvania Public Utility Commission, P. O. Box 3265, Harrisburg, PA 17105-3265, with a copy served on the applicant by April 4, 2005. Documents filed in support of the applications are available for inspection and copying at the Office of the Secretary between 8 a.m. and 4:30 p.m., Monday through Friday, and at the business address of the respective applicant.

Applications of the following for approval to begin operating as common carriers for transportation of persons as described under each application.

   A-00121518. Tam Development, LLC t/d/b/a City Limo (6300 Lowell Drive, Pittsburgh, Allegheny County, PA 15147), a limited liability company of the Commonwealth--persons in limousine service, between points in the Counties of Allegheny, Beaver and Washington, and from points in said counties, to points in Pennsylvania, and return. Attorney: David M. O'Boyle, 1450 Two Chatham Center, Pittsburgh, PA 15219-3427.

   A-00121517. Equal Transportation, Inc. (4642 Naples Street, City and County of Philadelphia, PA 19124), a corporation of the Commonwealth--persons in paratransit service, between points in the City and County of Philadelphia and the Counties of Bucks, Montgomery, Delaware and Chester. Attorney: William E. Scott, 312 Oxford Valley Road, Fairless Hills, PA 19030.

   A-00121515. Gregory A. Wall t/d/b/a G. A. Wall Enterprises (161 Partridge Drive, Ephrata, Lancaster County, PA 17522)--persons in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, between points in the County of Lancaster, and from points in said county, to points in Pennsylvania, and return.

   A-00121506. Lasting Impressions Deejay and Limousine Service, Inc. (1895 Old Taneytown Road, Westminster, MD 21158), a corporation of the State of Maryland--persons, in limousine service, between points in the Counties of York, Adams and Franklin, and from points in said counties, to points in Pennsylvania, and return.

   A-00121511. Classic Coach Limousine Service, LLC (838 Solarlight Drive, York, York County, PA 17402), a limited liability company of the Commonwealth--persons, in limousine service, between points in the Counties of Adams, Cumberland, Dauphin, Lancaster and York, and from points in said counties, to points in Pennsylvania, and return.

   A-00121499. Raymond S. and M. Joanne Peachey, Tenants by Entirety (6671 SR 655, Belleville, Mifflin County, PA 17004)--persons in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, between points in the Counties of Mifflin, Snyder, Juniata and Centre, and from points in said counties, to points in Pennsylvania, and return.

   A-00121497. Global Medical Transportation Services, Inc. (P. O. Box 4119, Bethlehem, Northampton and Lehigh Counties, PA 18018), a corporation of the Commonwealth--persons in paratransit service, between points in the Counties of Northampton, Lehigh, Carbon and Monroe, and from points in said counties, to points in Pennsylvania, and return.

   A-00121500. Ameer Malik t/d/b/a Malik Coach (152 Sproul Road, Malvern, Chester County, PA 19355)--persons upon call or demand in the Boroughs of Phoenixville and Malvern and the Townships of Willistown, Tredyffrin, East Whiteland, West Whiteland, Uwchlan, Upper Uwchlan, Schuylkill and Charlestown, all located in Chester County.

   A-00121501. Dan Reitz, Inc. t/d/b/a Silver Bullet Cab (358 South 14th Street, Reynoldsville, Jefferson County, PA 15851), a corporation of the Commonwealth--persons, upon call or demand, in the City of DuBois, Jefferson County and points within an airline distance of 25 statute miles of the limits of said borough. Attorney: Dwight L. Koerber, Jr., 110 N. Second Street, P. O. Box 1320, Clearfield, PA 16830.

   A-00121525. Sherman Howard (P. O. Box 21771, City and County of Philadelphia, PA 19142)--persons in paratransit service, from points in the City and County of Philadelphia, to all State and Federal correctional institutions, located in Pennsylvania, and return.

   A-00121524. Ken Martin's Transportation, LLC (231 Spring Garden Road, Kinzers, Lancaster County, PA 17535), a limited liability company of the Commonwealth--persons in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, between points in the County of Lancaster, and from points in said county, to points in Pennsylvania, and return.

   A-00121519. Robin Akers (5459 Spring Street, City and County of Philadelphia, PA 19133)--persons in paratransit service, from points in the City and County of Philadelphia, to all State and Federal correctional institutions, located in Pennsylvania, and return.

   A-00121530. Leonard E. Bishop (1654 Honey Creek Road, Reedsville, Mifflin County, PA 17084)--persons in paratransit service, limited to persons whose personal convictions prevent them from owning or operating motor vehicles, between points in the County of Mifflin, and from points in said county, to points in Pennsylvania within an airline distance of 100 statute miles, and return.

   A-00121528. Michael and Kellie L. Kaye, Tenants by Entirety, t/d/b/a Liberty Taxi & Car Service (P. O. Box 156, McConnellsburg, Fulton County, PA 17233-0156)--persons, upon call or demand, in the Borough of Chambersburg, Franklin County.

Application of the following for approval of the beginning of the exercise of the right and privilege of operating motor vehicles as common carriers for the transportation of persons by transfer of rights as described under the application.

   A-00121507. Mirza Corporation One, Inc. (551 General Muhlenberg Road, King of Prussia, Montgomery County, PA 19406), a corporation of the Commonwealth--persons in limousine service, between points in Pennsylvania; which is to be a transfer of all the right authorized under the certificate issued at A-00119214 to Friendly Express Limousine, Inc., subject to the same limitations and conditions. Attorney: Michael Wolinsky, The Jefferson Building, 1015 Chestnut Street, Suite 702, Philadelphia, PA 19107.

Application of the following for approval of the additional right and privilege of operating motor vehicles as common carriers for transportation of persons as described under each application.

   A-00115804, Folder 3. U. S. A. Limousine Ultra, Inc. (4425 Rising Sun Avenue, City and County of Philadelphia, PA 19140-2721)--inter alia, a corporation of the Commonwealth for the additional right to begin to transport, as a common carrier by motor vehicle, persons in limousine service, between points in the City and County of Philadelphia and the Counties of Bucks, Delaware, Chester and Montgomery, and from points in said counties, to points in Pennsylvania, and return. Attorney: David P. Temple, Esquire, John J. Gallagher, P. C., Suite 1100, 1760 Market Street, Philadelphia, PA 19103.

Application of the following for certificate of public convenience approving the operation of motor vehicles as common carriers for the transportation of household goods by transfer as described under the application.

   A-00121505. Canterbury International Incorporated (5415 Clairton Boulevard, Pittsburgh, Allegheny County, PA 15236), a corporation of the Commonwealth--household goods in use, between points in the County of Allegheny; which is to be a transfer of all the right authorized under the certificate issued at A-00110323 to John Finnegan t/d/b/a A-1 Moving, subject to the same limitations and conditions.

Application of the following for approval of the beginning of the exercise of the right and privilege of operating motor vehicles as common carriers for the transportation of household goods as described under the application.

   A-00121508. Jeffrey Joseph Zick t/d/b/a Down Home Moving Company (P. O. Box 224, Hop Bottom, Susquehanna County, PA 18824)--household goods in use, between points in the County of Susquehanna, points in Wyoming County lying on and north of US Highway Route 6 and points in Lackawanna County lying on and north of SR 107 and SR 6 where they intersect in Lackawanna, and from points in said territory, to points in Pennsylvania, and vice versa.

Complaint

   Pennsylvania Public Utility Commission, Bureau of Transportation and Safety v. Hughey Trucking, Inc.; Doc. No. A-00107111C

COMPLAINT

   The Pennsylvania Public Utility Commission (Commission) is a duly constituted agency of the Commonwealth of Pennsylvania empowered to regulate public utilities within the Commonwealth. The Commission has delegated its authority to initiate proceedings which are prosecutory in nature to the Bureau of Transportation and Safety and other Bureaus with enforcement responsibilities. Pursuant to that delegated authority and Section 701 of the Public Utility Code, the Bureau of Transportation and Safety Prosecutory Staff hereby represents as follows:

   1.  That Hughey Trucking, Inc., respondent, maintains its principal place of business at P. O. Box 796, Tunkhannock, PA 18657.

   2.  That respondent was issued a certificate of public convenience by this Commission on May 1, 1987, at Docket No. A-00107111.

   3.  That, on August 11, 2004 respondent was sent an initial assessment of $492.00. Respondent failed to pay this assessment; therefore, a balance was due in the amount of $492.00.

   4.  That respondent has an outstanding assessment of $492.00.

   5.  That respondent failed to file objections to the assessment, pursuant to 66 Pa.C.S. § 510(c).

   6.  That respondent, by failing to pay the assessment, violated the Public Utility Code at 66 Pa.C.S. § 510(c).

   Wherefore, unless respondent pays the overdue assessment in full within twenty days of the date of service of this Complaint, the Bureau of Transportation and Safety Prosecutory Staff hereby requests that the Commission issue an Order which (1) cancels the Certificate of Public Convenience issued to respondent, (2) directs the Pennsylvania Department of Transportation to revoke the motor vehicle registration(s) issued to respondent, (3) notifies the Pennsylvania Department of Revenue that respondent's Certificate of Public Convenience has been revoked, (4) notifies respondent's insurance carrier that respondent's Certificate of Public Convenience has been revoked.

         Respectfully submitted,

         Wendy J. Keezel, Chief of Enforcement
         Motor Carrier Services & Enforcement Division
         Bureau of Transportation and Safety
         P. O. Box 3265
         Harrisburg, PA 17105-3265

VERIFICATION

   I, Wendy J. Keezel, hereby state that the facts above set forth are true and correct to the best of my knowledge, information and belief and that I expect to be able to prove the same at any hearing held in this matter. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities.

Date: _______________________
Wendy J. Keezel, Chief of Enforcement

NOTICE

   A.  You must file an answer within twenty days of the date of service of this Complaint. The date of service is the mailing date as indicated at the top of the Secretarial cover letter for this Complaint and notice, 52 Pa. Code § 1.56(a). The answer shall raise all factual and legal arguments that you wish to claim in your defense and must include the reference number of this Complaint. Your answer must be verified and the original and three copies sent to:

         James J. McNulty, Secretary
         Pennsylvania Public Utility Commission
         P. O. Box 3265
         Harrisburg, PA 17105-3265

   B.  If you fail to answer this Complaint within twenty days, the Bureau of Transportation and Safety will request that the Commission issue an Order imposing a penalty. Pursuant to 66 Pa.C.S. § 3301(a), the penalty could include a fine of up to $1,000 for each violation, the revocation of your Certificate of Public Convenience, or any other remedy as may be appropriate. Each day you continue to violate any regulation, direction, requirement, determination or order of the Commission is a separate and distinct offense, subject to additional penalties.

   C.  You may elect not to contest this Complaint by paying your outstanding assessment within twenty (20) days. Your certified check or money order for the assessment should be payable to the Commonwealth of Pennsylvania and should be forwarded to:

         Administrative Services, Attention Steve Reed
         Pennsylvania Public Utility Commission
         P. O. Box 3265
         Harrisburg, PA 17105-3265

   D.  If you file an answer which either admits or fails to deny the allegations of the Complaint, the Bureau of Transportation and Safety will request the Commission to issue an Order imposing a penalty (see Paragraph B).

   E.  If you file an answer which contests the Complaint, the matter will be assigned to an administrative law judge for hearing and decision. The judge is not bound by the penalty set forth in Paragraph B.

   F.  Alternative formats of this material are available, for persons with disabilities, by contacting the Bureau of Audits at (717) 783-619.

JAMES J. MCNULTY,   
Secretary

[Pa.B. Doc. No. 05-480. Filed for public inspection March 11, 2005, 9:00 a.m.]



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